PRINTER'S NO. 1415
No. 1241 Session of 1991
INTRODUCED BY DeWEESE, DALEY, LESCOVITZ, CAPPABIANCA, GIGLIOTTI,
HALUSKA, TRELLO, BELARDI, PETRARCA, LEVDANSKY, HERMAN, STISH,
MELIO, PESCI, LAUGHLIN, TRICH, KASUNIC, BILLOW, PISTELLA,
ITKIN, D. R. WRIGHT, CORRIGAN, CIVERA, TANGRETTI, ROBINSON,
JAROLIN, TELEK AND COLAIZZO, APRIL 22, 1991
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 22, 1991
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, providing for approval of utility
3 Clean Air Act implementation plans.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 66 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 529. Clean Air Act implementation plans.
9 (a) General rule.--Each public utility which uses coal to
10 generate electricity shall submit to the commission, for its
11 approval, a plan to bring affected generating units into
12 compliance with the Clean Air Act (Public Law 95-95, 42 U.S.C. §
13 7401 et seq.), which plan shall include, but not be limited to,
14 the following components:
15 (1) The number and identity of affected generating
16 units.
17 (2) The present compliance status for each unit.
1 (3) Compliance options to reduce sulfur dioxide
2 emissions, beginning January 1, 1995, at each affected unit.
3 (4) Compliance options to reduce sulfur dioxide
4 emissions beginning January 1, 2000, at each affected unit.
5 (5) Compliance options to reduce nitrogen oxide
6 emissions, beginning January 1, 1995, at each affected unit.
7 (6) Economic and environmental impacts of each
8 compliance option which shall include, but not be limited to,
9 the following:
10 (i) Requirements for construction and operation of
11 proposed facilities as well as alternative facilities.
12 (ii) Achievable emission reductions and methods for
13 monitoring emissions.
14 (iii) A schedule for compliance activities.
15 (iv) The cost of compliance to consumers.
16 (v) Present and future sources of fuel.
17 (vi) The effect during the compliance plan period of
18 changes in the source or type of fuel on employment and
19 the economy in regions of this Commonwealth that are
20 directly or indirectly affected by the production of
21 coal.
22 (7) A discussion of the optimum compliance strategy
23 which the utility wishes to adopt for each affected unit.
24 (8) A discussion of the reasons why all alternative
25 compliance plans for each unit were rejected.
26 (b) Notice of plan.--At the same time it submits its plan to
27 the commission, the public utility shall provide a copy of the
28 plan to the Department of Environmental Resources, the Consumer
29 Advocate and the Small Business Advocate. The public utility
30 shall also give notice to its coal suppliers and to any
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1 collective bargaining representative for the coal suppliers that
2 a copy of the plan is available upon request.
3 (c) Review by the commission.--The commission shall
4 determine if compliance plans submitted pursuant to this section
5 are in the public interest and if any effect on rates resulting
6 from implementation of such plans is just and reasonable. After
7 notice and hearing, the commission shall approve or disapprove
8 the compliance plans, provided that approval may be in whole or
9 in part and may be subject to such limitations and
10 qualifications as may be deemed necessary and in the public
11 interest.
12 (d) Regulations.--The commission may promulgate such
13 regulations as are necessary to implement this section.
14 (e) Definition.--As used in this section, the term "Clean
15 Air Act" means Public Law 95-95, 42 U.S.C. § 7401 et seq. and
16 includes the Clean Air Act Amendments (Public Law 101-549, 104
17 Stat. 2399) approved November 15, 1990.
18 Section 2. This act shall take effect immediately.
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